Act and Code Review consultation
Topic 2: Making the Act and the Code more effective for, and responsive to, the needs of Māori
Issues
Māori aren’t benefiting equitably from the Act and the Code.
- Māori engage less with HDC and the Advocacy Service than expected given the experiences of, and outcomes for, Māori in the health and disability sector.
- Promotion of the Code is not reaching Māori communities. When it does, many feel that Code rights and complaint processes are not designed for them.
- Complaint processes and interpretation of rights often don’t reflect te ao Māori values and tikanga.
- Te Tiriti | the Treaty and its practical application is also largely absent from the Act and the Code.
When te Tiriti | the Treaty is honoured, it helps Māori thrive. Making the Act and the Code effective for, and responsive to, the needs of Māori will support the Crown to honour its obligations under te Tiriti | the Treaty and lead to better outcomes for Māori using health and disability services.
What we’re already doing
Recently we created a Director Māori role in leadership, along with a small team, to make HDC more responsive to the needs of Māori, help providers to be more responsive, and raise awareness of HDC in Māori communities.
Suggestions
We want to hear your thoughts on our suggestions for changing the Act and the Code to be more effective for, and responsive to, the needs of Māori.
Incorporate tikanga into the Code
We want to hear whether tikanga should be incorporated into the Code and what needs to be in place to protect how tikanga is understood and applied. We’re aware that tikanga is interconnected, and tikanga cannot be viewed in isolation.
We’ve heard that if we were to incorporate only one element of tikanga then ‘mana’ captures the essence of other elements and would have the strongest impact. As a starting point for feedback, we propose to add to Right 1 (Respect) that every consumer has the right to have their mana upheld.
Give practical effect to te Tiriti | the Treaty in the Act
Adding protections into the Act to give practical effect to te Tiriti | the Treaty will help make sure te ao Māori values and tikanga are applied with integrity. Our suggestions for the Act to give practical effect to te Tiriti | the Treaty include amendments to provide for:
- Processes to ensure equitable Māori engagement and leadership in the operation of the Act and the Code. For example, requiring HDC to make and maintain effective links with iwi/Māori and engage with iwi/Māori when reviewing the Act and the Code, and in the development of Advocacy Service guidelines.
- Māori values and worldviews, overseen by Māori. For example, including the promotion and protection of tikanga in the functions of HDC and the appointment of a Deputy Commissioner Māori.
- Māori to benefit equitably from health and disability rights as Māori. For example, changing complaint processes to better align with tikanga.